Alternative Dispute Resolution (ADR)

What Is Alternative Dispute Resolution?

Alternative Dispute Resolution is a technique which allows parties to resolve conflict in an informal and non-adversarial manner outside of Court. It also allows parties to settle their disputes without being at the mercy of the Court’s calendar, which is now even more limited than before as a result of coronavirus. Mediation and Arbitration are two types of alternative dispute resolution. In Mediation, a Court-approved or trained Mediator can assist parties to reach a mutually acceptable settlement and draft a Memorandum of Understanding, which memorializes the terms of the parties’ settlement. In Arbitration, an Arbitrator can be charged by the parties to make decisions a Judge otherwise would make, and the parties can determine for themselves, in advance, whether they wish the Arbitrator’s decision to be binding (includes waiver of right to subsequent trial before a Judge and appeal) or non-binding (includes preservation of right to subsequent trial before a Judge and appeal).

Individuals and companies often turn to Alternative Dispute Resolution (ADR) as a means of efficiently resolving their disputes outside of the traditional court system. Our group recognizes that many conflicts that arise in the course of everyday life and business are better suited to be resolved through arbitration or mediation.

There are many types of disputes that can benefit from ADR, including:

• Medical & Legal Malpractice claims
• Professional Malpractice claims
• Personal injury claims
• Automobile accident claims
• Slip & Fall claims
• Products & Liability claims
• Construction accident claims
• Nursing home claims
• Employment discrimination matters
• Commercial disputes

Although simplified, these definitions provide initial context for the elements of arbitration and mediation. Please contact us to discuss whether ADR may be right for you.

Disclaimer: Results may vary depending on your particular facts and legal circumstances.

Arbitration vs. Mediation

In arbitration, the parties agree to be bound by the arbitrator’s decision. The arbitrator conducts a private, simplified version of a trial and provides a decision on liability and, when appropriate, damages. In mediation, a neutral party (mediator) assists the parties in reaching a negotiated settlement. The mediator helps the parties negotiate an agreement that each can accept.

Alternative Dispute Resolution Group

Our ADR practice has extensive experience providing ADR services in a wide variety of matters, including personal injury, complex commercial litigation, employment matters, and numerous other types of claims. Led by the Hon. David H. Ironson (Ret.), a former Superior Court judge, the team brings unique insights into the adjudicatory process. Judge Ironson, who is Of Counsel at Einhorn, Barbarito, Frost, Botwinick, Nunn & Musmanno, PC, served on the New Jersey Superior Court in Morris County for 17 years until his retirement from the bench in 2025. During his tenure, he worked in both the Civil and Criminal Divisions of the Court. Appointed to the bench in 2008 by former Governor Jon Corzine, Judge Ironson presided over numerous civil and criminal jury trials. His experience and knowledge of the judicial process, legal issues, risks and benefits of litigation, and resolution of disputes is a tremendous asset to litigants considering ADR.

David H. Ironson, Esq.
Partner | Alternative Dispute Resolution & Mediation
(973) 586-4931 | dironson@einhornlawyers.com

Bonnie C. Frost, Esq.
Partner | Family Law
(973) 586-4931 | bfrost@einhornlawyers.com
(Divorce, Custody, Parenting Time, Alimony, Child Support,
Equitable Distribution, Relocation, Appeals, Post-Judgement Litigation)

Matheu D. Nunn, Esq.
Partner | Family Law
(973) 586-4931 | mnunn@einhornlawyers.com
(Divorce, Custody, Parenting Time, Alimony, Child Support,
Equitable Distribution, Relocation, Appeals, Post-Judgement Litigation)

Patricia L. Veres, Esq.
Partner | Family Law
(973) 586-4931 | pveres@einhornlawyers.com
(Divorce, Custody, Parenting Time, Alimony, Child Support,
Equitable Distribution, Relocation)